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Mileage Reimbursement OR Hourly Wage?

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davew128

Senior Member
What is the name of your state (only U.S. law)? California

Employer requires employee as part of normal duties to drive to non-standard work locations and perform work during normally scheduled work hours. This does not happen regularly but on an as needed basis. Example: Employee is scheduled to work 9-4 but is required to drive from San Diego to LA, be at the LA location at 1, perform functions in LA, and return to San Diego.

Employer is stating that their policy is to pay the greater of the hourly wage for the employee for the time spent driving or the IRS business mileage rate as a non-taxable reimbursement under an accountable plan. The employee CANNOT get paid for the time driving while working AND also get mileage reimbursement. Is this policy permissible under CA labor laws?

One other item of note: I am aware that CA law allows for an unpaid 30 minute meal break. I assume that an employer can require it be 60 minutes without a problem?
 


Zigner

Senior Member, Non-Attorney
One other item of note: I am aware that CA law allows for an unpaid 30 minute meal break. I assume that an employer can require it be 60 minutes without a problem?
Yes, 60 mins is fine. The rule is a "minimum" of 30 minutes.

I'll let others answer your other question.
 

pattytx

Senior Member
These are two completely separate issues and their is no "OR" here.

The employer must reimburse employees for business-related expenses; I take it they are driving their own vehicle?

2802. (a) An employer shall indemnify his or her employee for all
necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties, or of his or her
obedience to the directions of the employer,
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2800-2810

All travel time in California in furtherance of the employee's duties is compensable.
Section 46.3 here:
http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf
 

davew128

Senior Member
These are two completely separate issues and their is no "OR" here.

The employer must reimburse employees for business-related expenses; I take it they are driving their own vehicle?
That is correct. The employees are using their own vehicles.


CA Codes (lab:2800-2810)

All travel time in California in furtherance of the employee's duties is compensable.
Section 46.3 here:
http://www.dir.ca.gov/dlse/DLSEManual/dlse_enfcmanual.pdf
Tells me all I need to know, thanks. Knew these guys were cheap to begin with, this just confirms it.
 

pattytx

Senior Member
You're welcome.

I recommend that all the affected employees file wage claims with the DLSE.
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
 

davew128

Senior Member
Update: Employer blew his stack when I printed off cites stating he needs to pay me my hourly wage as well reimburse me for the cost of on the job travel. Claimed "his attorney" looked at their plan and that its been in place for several years, nobody ever had a problem with it, blah blah blah. I asked my employer (former paralegal) if his attorney get his law degree from Wossamatta U.

Needless to say, I did not get reimbursed for 290 miles of driving (or the gas I had to buy at the very least) and am not likely to be. My options are to file a complaint and expect to lose the position (not a big loss actually) or suck it up and look for new employment in the meantime.

Edit: I am also aware that in addition to the employer being cheap, that cash flow is a major issue right now. Not my problem but it is a reality.
 

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